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HomeMy WebLinkAbout08-4970 Stipulations Against Liens File Number 08-279000 CHARTER HOMES AT HARRISBURG, INC., A PENNSYLVANIA CORPORATION Owner CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION Contractor In the Court of Common Pleas County of Cumberland 4- q 176 Docket Number , Pennsylvania N14 Tenn 19 Page Number Whereas, on this 12th day of August, 2008, CHARTER HOMES AT HARRISBURG, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 4 BELLA VISTA DRIVE, LOT 28, BELLA VISTA, MECHANICSBURG, PA 17050,, Silver Spring Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY is the title holder of record; and Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. And, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: CHARTER HOM T HARRISBURG, INC., Owner BY: R C. , Vice-President ` CHARTER HOMES BUILDING COMPANY, Contractor `-ft1 By. R C. Rat sam, Vice-President DARTMOUTH STIP-RATHSAM.DOC 'or 4% FiIQ No.08-27900CDFN ALL THAT CERTAIN lot or tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Bella Vista Drive at the southwest comer of Lot No. 27; thence along said right of way line by a curve to the left, said curve having a chord bearing and distance of South thirty-eight degrees fifty-four minutes forty-five seconds West (S 380 54' 45" W), one hundred twenty-six and ninety-five hundredths (126.95) feet, a radius of two hundred fifty and zero hundredths (250.00) feet and an arc distance of one hundred twenty- eight and thirty-five hundredths (128.35) feet to a point being the northeast comer of Lot No. 29; thence along Lot No. 29, North sixty-five degrees forty-seven minutes forty-four seconds West (N 650 47' 44" W), one hundred twenty-eight and ninety-five hundredths (128.95) feet to a point being the southeast corner of Lot No. 51; thence along Lot No. 51 and Lot No. 53, North one degree forty-three minutes twenty-four seconds West (N 01° 43' 24" W), sixty-four and twenty-three hundredths (64.23) feet to a point being the southwest corner of Lot No. 54; thence along Lot No. 54, North forty degrees nine minutes twenty-four seconds East (N 400 09'24" E), one hundred twenty-four and eight hundredths (124.08) feet to a point being the southwest corner of Lot No. 55; thence along Lot No. 55, North sixty-five degrees twenty minutes fifty- eight seconds East (N 650 20' 58" E), sixty and twenty-six hundredths (60.26) feet to a point being the northwest corner of Lot No. 27; thence along Lot No. 27, South twenty-five degrees zero minutes twenty-seven seconds East (S 250 00' 27" E), one hundred fifty-two and fifty-six hundredths (152.56) feet to a point being the place of BEGINNING. BEING Lot No. 28 on a Final Subdivision Plan for Bella Vista prepared by R. J. Fisher & Associates, Inc. DARTMOUTH STIP-RATHSAM.DOC ?s r j W W j Ji;? rn .. D c a SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04970 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS GASPERETTI NICHOLAS R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named RESPONDANT GASPERETTI NICHOLIS but was unable to locate Him in his bailiwick. He therefore returns the ORDER OF COURT , NOT FOUND , as to the within named RESPONDANT GASPERETTI NICHOLIS 319 MANCHESTER ROAD CAMP HILL, PA 17011 DESPITE NUMEROUS ATTEMPTS, DEFENDANT WAS UNABLE TO BE LOCATED. PER GRANDMOTHER, DEFENDANT DOES NOT LIVE THERE, BUT RECEIVES MAIL THERE Sheriff's Costs: Docketing 18.00 So answers: Service 27.00 Affidavit .00 R. Th oma Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 60.00 12/10/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04970 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS GASPERETTI NICHOLAS SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon GASPERETTI NICHOLIS the RESPONDANT , at 0011:01 HOURS, on the 6th day of December , 2008 at 319 MANCHESTER ROAD CAMP HILL, PA 17011 by handing to MARGARET GASPARETTI GRANDMOTHER a true and attested copy of ORDER OF COURT together with and at the same time directing Her attention to the contents thereof. Additional Comments PER GRANDMOTHER, DEFENDANT DOES NOT LIVE HERE, BUT DOES RECEIVE MAIL HERE. Sheriff's Costs: Docketing Service Affidavit Surcharge Iz Ji?Jo ? ?. ? Sworn and Subscibed to before me this of 18.00 13.50 .00 10.00 day So Answers: Moe R. Thomas Kline 12/10/2008 ALAN MEGE 11 By: A. D.